13. The Application of Religious Law in a Multi-Religion Nation State: The Israeli Model

The Israeli legal system may serve as a laboratory for the application of religious law in a multi-religious state. While defined as a Jewish State so many religions are represented here, some embracing large communities others having a little numbers of followers in some cases no more than a handful. It would be wrong however to view the Israeli system as a classic model. The approach to religion in the State of Israel is inherently eclectic. It combines traditional and new theories, communal and individual rights, freedom from religion and religious coercion, freedom of religion from state intervention, equality among religions and differential treatment of them. These eclectic principles are rooted in historical, theological, political and national grounds. Perhaps the most significant factor contributing to the complexity of relations between religion and state in Israel is that this part of the world – the Holy Land – is the birthplace of monotheism. It occupies a central place in the theology of many religions, including the three main monotheistic religions, each religion having its own view of the relationship between state and religion, which sometimes come into conflict. Moreover, the principles and practices of previous regimes that governed the Holy Land still have their influence, even though today Israel is predominantly Jewish in culture and religion. This essay aims to give a comprehensive yet concise overview of the status of the application of religious law in the State of Israel against this complex background.